2018-07-10 P & Z Packet - Laserfiche WebLink

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RELEVANT LINKS: D. Other conditions on permits 1. Permitted Reasonable conditions relating to the ordinance standards may be attached to a CUP based upon factual evidence contained in public record. For example, if a zoning ordinance provides that a conditional use should not have adverse visual or noise impacts on any adjacent property, a city might require specific screening and landscaping conditions to address any potential impacts established in the record. 2. Not permitted Minn. Stat.§462.3595,subd. State statute provides that a CUP remains in effect as long as the conditions . A.G.Op.59-A-32(February agreed upon are observed. The attorney general has found that time limits 27,]990). such as sunset provisions or automatic annual review are not consistent with state law, explaining that cities may not enact or enforce provisions that allow a city to terminate CUPs without regard to whether or not the conditions agreed upon are observed. If a city wishes to place time constraints on particular uses, then the appropriate zoning tool is an interim use permit, rather than a conditional Minn. Stat.§462.3597. use permit. State law authorizes interim use permits for a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. IV. Public hearings Minn. Stat.§462.3595,subd. A proposed conditional use is allowed only after a statutorily required public 2. Minn. Stat.§462.357,subd. hearing. The city must provide published notice of the time,place, and 3. purpose of the hearing on a proposed CUP at least 10 days prior to the day LMC information memo, of the hearing. If the decision affects an area of five acres or less, the city Aming 6'wdef w Clow, may need to mail notice to property owners within a 350-foot radius of the Section V-C-2-b on conducting public bearings. land in question. The purpose of the public hearing is to help develop a factual record as to whether the applicant meets the relevant ordinance standards such that the CUP should be granted. A. City role in hearing A city exercises so-called"quasi-judicial" authority when considering a CUP application. This means that the city's role is limited to applying the standards in the ordinance to the facts presented by the application. The city acts like a judge in evaluating the facts against the standards. If the applicant meets the standards, then the CUP should be granted. In contrast, when the city in zoning ordinance designates certain uses as conditional, the city is exercising "legislative" authority and has much broader discretion. League of Minnesota Cities Information Memo: 11/15/2017 Land Use Conditional Use Permits Page 3